# Obligation to secure an offer of a reasonable standard of accommodation

> reg-2.85 — as in force on 2026-06-01 — F2026C00497 · Compilation No. 287 — https://www.legislation.gov.au/F2026C00497/latest/text

2.85 Obligation to secure an offer of a reasonable standard of accommodation
          (1) This regulation applies to a person who is or was:
               (a) an approved work sponsor in relation to a primary sponsored person or a
                    secondary sponsored person, if:
                    (iii) the primary sponsored person holds a Subclass 402 (Training and
                          Research) visa in the Professional Development stream; or
                    (iv) the last substantive visa held by the primary sponsored person was a
                          Subclass 402 (Training and Research) visa in the Professional
                          Development stream; or
               (b) a special program sponsor in relation to a primary sponsored person or a
                    secondary sponsored person, if:
                      (i) either:
                              (A) the primary sponsored person or secondary sponsored person
                                   holds a Subclass 416 (Special Program) visa; or









                               (B) the last substantive visa held by the primary sponsored person
                                     or secondary sponsored person was a Subclass 416 (Special
                                     Program) visa; and
                      (ii) the position in the activity in relation to which the primary sponsored
                           person or secondary sponsored person was granted the Subclass 416
                           (Special Program) visa is a volunteer role; or
                (ba) a temporary activities sponsor or a special program sponsor in relation to a
                     primary sponsored person or a secondary sponsored person, if:
                       (i) the primary sponsored person or secondary sponsored person holds a
                           Subclass 408 (Temporary Activity) visa granted on the basis that the
                           primary sponsored person satisfied the criteria in clause 408.228
                           (special program) of Schedule 2, or the last substantive visa held by
                           the primary sponsored person or secondary sponsored person was
                           such a visa; and
                      (ii) the position in the activity in relation to which the primary sponsored
                           person or secondary sponsored person was granted the visa is a
                           volunteer role; or
                 (c) an entertainment sponsor in relation to a primary sponsored person or a
                     secondary sponsored person, if:
                       (i) either:
                               (A) the primary sponsored person or secondary sponsored person
                                     holds a Subclass 420 (Entertainment) visa; or
                               (B) the last substantive visa held by the primary sponsored person
                                     or secondary sponsored person was a Subclass 420
                                     (Entertainment) visa; and
                      (ii) the primary sponsored person or secondary sponsored person was
                           identified in a nomination of an occupation, a program or an activity
                           that is a volunteer role; or
                 (d) an approved work sponsor in relation to a primary sponsored person or a
                     secondary sponsored person, if:
                       (i) the primary sponsored person holds a Subclass 401 (Temporary Work
                           (Long Stay Activity)) visa in the Sport stream, or the Religious
                           Worker stream, in relation to a volunteer role; or
                      (ii) the last substantive visa held by the primary sponsored person was a
                           Subclass 401 (Temporary Work (Long Stay Activity)) visa in the
                           Sport stream, or the Religious Worker stream, in relation to a
                           volunteer role; or
                     (iii) the primary sponsored person holds a Subclass 408 (Temporary
                           Activity) visa granted on the basis that the primary sponsored person
                           satisfied the criteria in clause 408.222 (sport), 408.223 (religious
                           worker) or 408.229A (entertainment) of Schedule 2 in relation to a
                           volunteer role; or
                     (iv) the last substantive visa held by the primary sponsored person was a
                           visa referred to in subparagraph (iii); or
                 (e) an approved work sponsor in relation to a primary sponsored person or a
                     secondary sponsored person, if:








                        (i) the primary sponsored person holds a Subclass 402 (Training and
                            Research) visa in the Occupational Trainee stream in relation to a
                            volunteer role; or
                       (ii) the last substantive visa held by the primary sponsored person was a
                            Subclass 402 (Training and Research) visa in the Occupational
                            Trainee stream in relation to a volunteer role; or
                      (iii) the primary sponsored person holds a Subclass 407 (Training) visa in
                            relation to a volunteer role; or
                      (iv) the last substantive visa held by the primary sponsored person was a
                            Subclass 407 (Training) visa in relation to a volunteer role.
          (2) The person must secure 1 or more offers of accommodation for the primary
              sponsored person or secondary sponsored person that:
                (a) will provide for a reasonable standard of accommodation; and
               (b) will ensure that the primary sponsored person or secondary sponsored
                    person has accommodation while the primary sponsored person or
                    secondary sponsored person is in Australia.
               Example: If accommodation that has been secured becomes unavailable, the approved work
                        sponsor must secure another offer of accommodation for the primary sponsored person
                        or secondary sponsored person.

          (3) For subregulation (2)(a), accommodation is of a reasonable standard if the
              accommodation:
                (a) meets all relevant State or Territory and local government regulations
                    regarding fire, health and safety; and
               (b) offers 24-hour access; and
                (c) provides meals or a self-catering kitchen; and
               (d) is clean and well-maintained; and
                (e) has a lounge area; and
                (f) has adequate laundry facilities or a laundry service; and
               (g) provides power for lighting, cooking and refrigeration; and
               (h) has an adequate ratio of guests to bathroom facilities; and
                (i) has uncrowded sleeping areas; and
                (j) provides appropriate gender segregated areas and bathroom facilities; and
               (k) allows adequate privacy and secure storage for personal items.
          (4) The obligation mentioned in subregulation (2):
               (a) starts to apply:
                     (i) if the primary sponsored person or secondary sponsored person holds
                         a Subclass 408 (Temporary Activity) visa granted on the basis that the
                         primary sponsored person satisfied the criteria in clause 408.222
                         (sport), 408.223 (religious worker), 408.228 (special program) or
                         408.229A (entertainment) of Schedule 2, or a Subclass 416 (Special
                         Program) visa—on the day on which the primary sponsored person or
                         secondary sponsored person is granted the visa; or









                      (ii) if the primary sponsored person or secondary sponsored person holds
                           a Subclass 401 (Temporary Work (Long Stay Activity)) visa, a
                           Subclass 407 (Training) visa or a Subclass 420 (Entertainment) visa:
                                (A) on the day on which the Minister approves a nomination by
                                     the person that identifies the primary sponsored person; or
                                (B) if the primary sponsored person does not hold the visa on the
                                     day the Minister approves the nomination—on the day on
                                     which the primary sponsored person is granted the visa on the
                                     basis of being identified in an approved nomination by the
                                     person; or
                     (iii) if the primary sponsored person holds a Subclass 402 (Training and
                           Research) visa in the Professional Development stream—on the day
                           the visa is granted; or
                     (iv) if the primary sponsored person holds a Subclass 402 (Training and
                           Research) visa in the Occupational Trainee stream:
                                (A) on the day the Minister approves a nomination by the person
                                     that identifies the primary sponsored person; or
                                (B) if the primary sponsored person does not hold the visa on the
                                     day the Minister approves the nomination—on the day the
                                     primary sponsored person is granted the visa on the basis of
                                     being identified in an approved nomination by the person;
                                     and
                 (b) for a primary sponsored person—ends on the earliest of:
                       (i) the day on which the Minister approves a nomination under
                           section 140GB of the Act by another approved work sponsor in which
                           the primary sponsored person is identified; and
                      (ii) the day on which the primary sponsored person is granted a further
                           substantive visa that:
                                (A) is a visa of a different subclass to the last substantive visa
                                     held by the primary sponsored person; and
                                (B) is in effect; and
                     (iii) the first day on which each of the following has occurred:
                                (A) the primary sponsored person has left Australia;
                                (B) the visa mentioned in subregulation (1) has ceased to be in
                                     effect;
                                (C) if:
                                         (I) the primary sponsored person held a Subclass 020
                                             (Bridging B) visa when the primary sponsored person
                                             left Australia; and
                                        (II) the last substantive visa held by the primary
                                             sponsored person was a visa mentioned in
                                             subregulation (1);
                                     the bridging visa has ceased to be in effect; and
                 (c) for a secondary sponsored person—ends on the earliest of:









                        (i) the day on which the Minister approves a nomination under
                            section 140GB of the Act by another approved work sponsor in which
                            the primary sponsored person is identified; and
                       (ii) the day on which the secondary sponsored person is granted a further
                            substantive visa that:
                                (A) is a visa of a different subclass to the last substantive visa
                                      held by the secondary sponsored person; and
                                (B) is in effect; and
                      (iii) the first day on which each of the following has occurred:
                                (A) the secondary sponsored person has left Australia;
                                (B) the visa mentioned in subregulation (1) has ceased to be in
                                      effect;
                                (C) if:
                                          (I) the secondary sponsored person held a Subclass 020
                                              (Bridging B) visa when the secondary sponsored
                                              person left Australia; and
                                         (II) the last substantive visa held by the secondary
                                              sponsored person was a visa mention in
                                              subregulation (1);
                                      the bridging visa has ceased to be in effect.
